Trial Advocacy & Writing Spring 2015 Professor Melvin Law 630 TABLE OF CONTENTS SYLLABUS .................................................................................................................................................. 2 COPURSE SCHEDULE ............................................................................................................................ 8 CASE FILE ................................................................................................................................................. 10 SAMPLE TRIAL OUTLINE .................................................................................................................... 46 TRIAL BRIEF ............................................................................................................................................. 53 TRIAL BRIEF ON MOTION TO SUPPRESS ..................................................................................... 69 DIRECT EXAMINATION ....................................................................................................................... 75 APPROACH POINT CROSS EXAMINATION WORKSHEETS.................................................... 91 SYLLABUS TRIAL ADVOCACY & WRITING – Summer 2014 Professor John Melvin Email: [email protected] Tel.: 770.528.3067 w Office Hours: 30 minutes before class or by appointment. Dates: 01/13 - 04/17 Tuesday evenings Time: 06:15PM-09:30PM Room: tba COURSE MISSION: To develop aggressive, professional and effective advocates who will persuade by establishing credibility and trust in the strength of their argument. PREREQUISITE: Students must have taken and passed Evidence. CLASS DESCRIPTION This course has been specifically designed for law students. It focuses on the fundamentals of advocacy in the courtroom utilizing techniques taught at the National College of District Attorneys and Georgia’s Basic Litigation Course for Prosecutors. The course combines presentations with workshops coordinated by veteran litigators. This workshop will focus on proven techniques for opening statements, direct examinations, cross-examinations, and closing arguments. The course will draw on criminal case files to provide a wide range of experience and development for the students. This will be accomplished by utilizing a combination of lectures, simulated courtroom exercises, detailed critiques, and specific recommendations for improvement. Addressing issues and strategies relevant to the aspiring trial advocate who is dedicated to honing his or her trial skills, the course presentations inspire and educate in critical areas including: persuasion, trial strategy, effective use of trial exhibits, demonstrative evidence and courtroom technology, with attention to the inherent ethical concerns in each area. The course will feature a combination of these presentations, demonstrations and workshop sessions. Workshops will include instruction on developing persuasive case theories, compelling trial themes and effective case characterizations and incorporating these methodologies into direct and cross-examination, objections, opening statements and closing arguments. 2 Students will learn how to construct and deliver effective opening statements, direct and cross-examinations, and closing arguments, all while consistently incorporating, via lecture and class participation and experience, the key concepts needed to prevail when actually trying cases. All student performances will be videotaped, and, in addition to “in-class” critiques from faculty, each student will receive a more detailed, written faculty critique of the performance of each stage of the trial presented. The critique will cover the concepts specific to the exercise the student performed (opening, direct, cross, or closing) and address tactical principles such as utilization of theory and theme, as well as common communication issues including use of voice and movement as tools of effective advocacy. This course involves a combination of lecture, classroom discussion, quizzes, film, writing assignments, and the practice of trial skills in a simulated courtroom environment. Thus, you will be asked to take on the role of an attorney, witness, juror, judge, or even evaluator at varying times. Students are expected to stay “in role” throughout the exercises, and to know their scripts from the case files. There will be an opportunity during the critique sessions for questions and comments. During the last three weeks of the course, each student will participate as co- counsel in a three-hour simulated trial. In addition, each student will participate in the other two mock trials, in a support role, such as a witness, or juror. COURSE MATERIALS Required: - Fundamental Trial Advocacy, Second Ed., 2010, Charles H. Rose III - Learning Evidence: From the Federal Rules to the Courtroom, Merritt & Simmons - Federal Rules of Evidence (Print them off from Westlaw or Lexis) - Two 3 Ring Notebooks with colored tabs, labels, and at least 4 dividers with pouches - Objections at Trial, NITA Bright, Carlson, & Imwinkelreid Recommended: - Trial Handbook for Georgia Lawyer’s, 2011-2013, Ronald Carlson - Evidentiary Foundations, 8th Edition Edward Imwinkelreid 3 ATTENDANCE POLICY & CLASS PARTICIPATION Attendance: I will track your attendance by breaking the class period into halves. If you arrive in the classroom after I announce the beginning of class, I will mark you absent for the first half of class. If you arrive after the second half of class begins, I will mark you absent for the entire the class. Leaving class early will similarly affect your attendance. There are two aspects to this attendance policy. First, attendance is mandated by Atlanta’s John Marshall’s Academic Code. Article Six, Section 601, Atlanta’s John Marshall Law School Academic Code states that a student who is counted absent for more than twenty percent (20%) of the class hours in any course will automatically receive “W/F” as a grade for the course. Second, missing class or being late for class could also affect your grade if it is on a day when we have a graded or pass/fail assignment. Pass/Fail Assignments. There are no pass/fail assignments. Graded Assignments. You will be required to evaluate your fellow students based upon their performance and whether they incorporated the reading materials. These evaluations will be graded. For all other graded assignments, missing the assignment will result in a zero, and you will not receive any exception for being late for your performance. If you do not turn in an evaluation, you will receive a zero for that assignment. Workshops Final Mock Trial. You must complete your mock trial to receive credit for this course. 4 CASE FILES State v. Johnson, is attached and we will use this throughout the semester. In addition, you may be assigned another NITA case file for your final trial. CLASS EXERCISES & ASSIGNMENTS Your class participation will include your role as advocate, witness, and evaluator. When not actively participating in an exercise, you are expected to give your full attention to your fellow classmates while they are performing and participating in the critiquing process. Learning a new skill requires observing as well as participating. For this reason, as a general rule, there will be limited use of laptops in the classroom. MOCK TRIAL PARTICIPATION REQUIREMENT At the end of the semester we will conduct three mock trials. You will have different roles for these trials. Each role will be graded. Co-Counsel Role. Each student will be required to serve as a co-counsel in a three-hour trial. At a minimum, mock trial preparation will entail several privately scheduled meetings with witnesses, and the trial itself. The trial schedule will determine opponents. Opponents must conduct themselves under the ABA’s Model Rules of Professional Conduct (that is, no improper colluding with your opponents to achieve a better grade). For your final trial, you are responsible for providing at least your witnesses. Unless excused in advance, if you do not provide a witness, I will penalize you on your mock trial grade. Thirty percent of your course grade will come from your performance as a co-counsel in the mock trial. Final mock trials will be graded primarily on proper execution of the trial techniques taught in the course. Significant weight will also be given to an assessment of how successfully the student has developed the trial team’s “theme” and “theories of the case” and supported those throughout the presentation of the team’s evidence. Support Roles. In addition to participating as a co-counsel in one mock trial, you will also be required to participate in other exercises in a support role (for instance, as a witness, judge, or juror). You will receive Pass/Fail grades for your support role performances. 5 PROFESSOR/STUDENT MEETING & TRIAL NOTEBOOK On the night of 04/01/2013, I will meet with each of you individually. You will show me your Trial Notebook. Your trial notebook will be a binder, with tabs, organizing your trial materials for your mock trial. You need to have a draft Opening/Closing (whichever one you are responsible for), and draft questions for voir dire and witnesses, as applicable. You will also need to have an exhibit list and your exhibits. We will schedule your meeting time so that co-counsels have their meetings back-to-back, so that I can spend some overlap time with both team members. GRADING BREAKDOWN Grades will be based as follows: Assignment Week Value Participation (50) Opening